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2006 Supreme(J&K) 297

MANSOOR AHMAD MIR
Fata – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: A.R. Bhat
Advocate For Respondent: N.H. Shah
Advocate For Respondent: M.Y. Bhat

1. Petitioner has sought writ of certiorari for quashing order dated 5-4-1994 passed by respondent no. 1 in revision petition No. 17/1992 along with recommendations dated 31-12-1991 made by Additional Commissioner, Kashmir, in revision petitioner No. 574 of 1992 dated 25-2-1993, whereby mutation order No. 648 dated 31-12-1991 relating to land measuring 15 kanals 8 marlas falling under survey No. 169 and 137 village Onagam, passed by Naib Tehsildar in favour of petitioner Ms. Fata came to be set aside. It is necessary to notice brief facts of the case herein.

2. It appears that Mst. Khatji was Khananishin daughter of Fateh Malla and accordingly mutation of inheritance/succession came to be passed in her favour. She died leaving behind Ghulam Hassan son respondent no. 4 and petitioner as daughter. Mutation of inheritance/succession came to be passed in favour of Ghulam Hassan, two shares and one share in favour of Mst. Fata. It appears that Mst. Fata had filed civil suit no. 20/Numbri on 7-5-1975 against her brother Ghulam Hassan Malla -- respondent no. 4. He filed written statement and there-after had chosen to remain absent and accordingly it appears that ex parte proceedings were d













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